Parenting Orders in New Zealand Family Law
When parents separate or divorce in New Zealand, important decisions need to be made about the care of their children. If the parents cannot agree, they may need to apply to the Family Court for a parenting order. A family law solicitor can provide legal advice and representation throughout this process.
What is a Parenting Order?
A parenting order is a formal court order that sets out the day-to-day care arrangements for a child and specifies when they will spend time with each parent. It can cover things like where the child will live, how much time they will spend with each parent, and how holidays will be shared.
As stated in the Care of Children Act 2004, Section 48:
A parenting order determines the time or times when specified persons have the role of providing day-to-day care for, or may have contact with, the child.
The judge will consider what care arrangement is in the best interests of the child. They will take into account factors like the child’s safety and wellbeing, their relationship with each parent, and each parent’s ability to provide care. An experienced family court lawyer can present evidence and arguments to the court on these matters.
Applying for a Parenting Order
Either parent can apply to the Family Court for a parenting order. The process begins by filing an application along with an affidavit explaining the family situation and the care arrangements being sought. The other parent then has an opportunity to file a response.
In most cases, the parents will be required to attend Family Dispute Resolution (FDR) mediation before proceeding to a court hearing. The aim is for them to reach agreement with the assistance of a mediator. Family lawyers in NZ often represent clients at FDR.
If no agreement is reached, the matter proceeds to a court hearing before a Family Court judge. Each parent presents their case through their lawyer, and may call witnesses and introduce other evidence. The judge then makes a decision based on the best interests of the child.
Importance of Legal Representation
While it’s possible to represent yourself in parenting order proceedings, it’s advisable to instruct a NZ family lawyer who specializes in this area of law. An attorney from a reputable family law firm can provide expert legal advice on your situation. They’ll ensure your case is presented persuasively in the courtroom to protect your parental rights and your child’s wellbeing.
Family law matters are inherently emotional and stressful. Having an objective legal professional guide you through the process can provide much-needed support and peace of mind that your child’s best interests are being advocated for. Don’t navigate the complex family justice system alone – consult with a child custody lawyer to understand your rights and options.
No solicitor-client relationship is created by this article. The author and owner shall not be liable for your reliance on the information contained in this article. Readers should obtain their own independent legal advice.
